Santosh And ORS. v. State Of Haryana And ANR.
CRM-M-39600-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-39600-2018 Date of decision: 06.10.2018 Santosh and others ..... Petitioners
Versus
State of Haryana and another ..... Respondents
CORAM:
HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. CK Singla, Advocate for the petitioners. Mr. Yashwinder Singh, DAG, Haryana.
RAMENDRA JAIN, J. (ORAL) 1.
Through this petition under Section 482 Cr.P.C., prayer has been made for quashing FIR No. 363 dated 31.05.2018 (Annexure P-1) registered under Sections 406, 419, 420, 467, 468, 470, 471, 506 and 120-B IPC at Police Station Sector-58, District Faridabad and all subsequent proceedings arising therefrom, on the basis of compromise dated 21.07.2018 (Annexure P-2), effected between the parties. 2.
Vide order dated 12.09.2018, the parties were directed to appear before the trial Court/Illaqa Magistrate, to get their statements recorded for compromise with a direction to the trial Court/Illaqa Magistrate, to furnish a report qua veracity of the compromise. 3.
Consequently, parties appeared before the Chief Judicial Magistrate, Faridabad and got recorded their statements qua compromise on 19.09.2018. Report from the Chief Judicial Magistrate, Faridabad, vide letter No. 2850 dated 21.09.2018, duly forwarded by the District and RISHU KATARIA 2018.10.08 16:24 I attest to the accuracy and integrity of this document
CRM-M-39600-2018 -2Sessions Judge, Faridabad, vide letter No. 24380/H.4 (Status) dated 21.09.2018, has been received. According to the report of the Chief Judicial Magistrate, Faridabad, the compromise arrived at between the parties is without any external pressure, coercion or force and is a valid compromise. 4.
In view of the totality of the facts and circumstances and considering the fact that the compromise will bring harmony and peace in relations between the parties, this petition is allowed and the aforesaid, FIR No. 363 dated 31.05.2018 (Annexure P-1) and all subsequent proceedings arising therefrom, qua the petitioners are quashed, subject to payment of costs of `10,000/-, out of which `4,000/- shall be deposited with the Bar Association, Punjab and Haryana High Court, Chandigarh; ` 1,000/- with the Bar Council of Punjab and Haryana and `5,000/- with the High Court Legal Services Authority, within a period of two weeks' from today, failing which this petition shall be deemed to be dismissed. 5.
List on 25.10.2018, for production of receipts regarding deposit of costs.
October 06, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2018.10.08 16:24 I attest to the accuracy and integrity of this document